IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25896 of 2011
Ravindra Kumar, Son of Late Jawahar Lal Mahto, Resident of Village/Mohalla Lodipur, Budha
Marg, P.S. Gandhi Maidan, Town and District Patna.
---------- Petitioner
Versus
The State Of Bihar.
-------- Opposite Party
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02/- 26/08/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner apprehends his arrest, in connection with
Complaint Case No. 1701(C) of 2009 for the offences punishable
under Section 498A of the Indian Penal Code, is named accused in
this case being husband of the complainant with allegation of demand
of dowry, torture etc.
Submission is that under compelling circumstances,
petitioner had to earlier file an application under Section 9 of the
Hindu Marriage Act, seeking restitution of conjugal rights, but
ultimately filed an another case under Section 13 bearing No. 766 of
2009, pending before the Principal Judge, Family Court, Patna,
wherein, on the prayer of the complainant under Section 24 of the Act
as per ordered Rs. 2,000/- per month is being paid and no amount is
lying due.
Considering the facts and circumstances of the case, in
the event of his arrest/surrender before the court below within four
weeks, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Judicial
2
Magistrate, 1st Class, Patna, in connection with Complaint Case No.
1701(C) of 2009, subject to condition laid down under Section 438(2)
of the Criminal Procedure Code with additional condition to remain
physically present before the court below on each and every date at
least for two years or till disposal of the case, whichever is earlier, in
case of failure on two consecutive dates, without giving any
reasonable explanation or even on single default in payment, the
liberty granted shall be deemed to be cancelled.
Praveen/- ( Akhilesh Chandra, J.)